next door scaffolding over my conservatory no netting

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  • littlerock
    littlerock Posts: 1,774 Forumite
    1,000 Posts Fifth Anniversary Combo Breaker
    edited 29 March 2015 at 3:25PM
    OK scaffolders put up some protective boarding on my conservatory roof (after I spoke to neighbour) while they were erecting the scaffolding next door but took it away when they finished putting up the scaffolding. The next door roof is now being retiled. There is an old window which used to be in the roof currently propped up on the top tier of the scaffolding and various other bags of stuff have been left there over the weekend.

    Today it has been very gusty and while I was in the kitchen making a cuppa just now, there was a loud bang and crash of breaking glass. I thought it was the conservatory roof but in fact it was just the wind lifting the old window frame and banging it on their roof where it broke the remaining glass in it and then it got caught on the top of a scaffolding pole where it is precariously balanced at present.

    I went upstairs to look at their roof and take some photos and saw there is also a ladder lying on the roof itself, not tied down, some bits of tarp held down by a couple of small mdf off cuts and several tiles they have been working on, lying in the roof gully and liable to blow off at the next gust. There is even a water bottle and a cardboard box lying on the scaffolding. No attempt has been made to secure any of it against any wind.

    I would be happier if I could be sure that I be sure I would able to claim against neighbour or builder if anything blows onto my conservatory (neighbour if out at present). But I also found this on the AA insurance website

    "If your own property is struck by an airborne items or roof tiles in high winds, a claim against the owner cannot be made unless negligence can be proved which, following a severe storm, is not very likely. You would be advised to claim on your own insurance."

    Is this really the case? Can someone reassure me that if my conservatory is damaged as a result of the neighbour's builder not taking steps to secure his tools and roofing materials when off site over the weekend, and a storm blows in, and blows roofing materials and tools onto my conservatory roof and damages it, that I could claim on their insurance?
  • teneighty
    teneighty Posts: 1,347 Forumite
    Just take a photo of the unsecured items and loose debris on the roof and scaffolding and give a copy to your neighbour together with brief note saying you hold them responsible for any damage to your property.

    With photographic evidence of the poor management of the building work and sloppy health and safety they dont have a leg to stand on. Of course you would not need to claim on your insurance.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    littlerock wrote: »
    But I also found this on the AA insurance website

    "If your own property is struck by an airborne items or roof tiles in high winds, a claim against the owner cannot be made unless negligence can be proved which, following a severe storm, is not very likely. You would be advised to claim on your own insurance."

    As I understand it, this applies to otherwise secure roof tiles being ripped off in a severe storm or garden shed roofs being blown about, etc - things that would normally be considered quite safe.

    You have already had discussions with the neighbours and the builders about your concerns so they have been warned about a potential problem. For them to leave unsecured items on the scaffolding and roof when the weather forecast was quite clear about today's weather, I believe, would make them responsible for any damage.
  • littlerock
    littlerock Posts: 1,774 Forumite
    1,000 Posts Fifth Anniversary Combo Breaker
    Well roofers arrived early, did some banging around, moved blown over window frame back to stand up against the side of some scaffolding. As soon as it was reasonable I went round to see neighbour but there is no one in and I think they may be away. There are no roofers there now either, they have disappeared - maybe to have breakfast don't know - but all their stuff is still over the roof including ladder. So phoned the firm concerned whose sign is outside. Explained location and that unsecured materials were left on the roof over the weekend and the loose window frame they left there blew around. Gales forecast later today and overnight they need to secure materials and especially overnight. No sign of roofers at present. "No-one here at present to take your call will ask them to call you back. What is your actual concern?"
  • littlerock
    littlerock Posts: 1,774 Forumite
    1,000 Posts Fifth Anniversary Combo Breaker
    Update: Having sent an email to Head Office warning I had taken photos and would sue and report to the HSE if anything fell on my roof when the winds arrive later today, I had an email back saying that they had been in touch with the "on-site" team who had been instructed to secure the materials.

    Only problem with that is the "on site" team are off site and have been since a brief appearance around 08.00am this morning....... as I have pointed out to the company. Now awaiting further developments.
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